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6 Other Statutory Considerations

This chapter provides discussion of other statutory requirements under NEPA, CEQA, and FRA’s 

Procedures for Considering Environmental Impacts. These topics include a discussion of 

growth-inducing impacts, a summary comparison of the Build Alternative Options, and significant 

and unavoidable effects. Per the requirements of NEPA, this chapter includes a discussion of the 

relationship between short-term use of the environment and the maintenance and enhancement of 

long-term productivity. As required by CEQA, this chapter also includes a discussion of potentially 

growth-inducing impacts, significant unavoidable environmental changes, and impacts that are 

expected to be less than significant.

6.1 Growth-Inducing Impacts

In accordance with Section 15126.2(d) of the CEQA Guidelines, an EIR must: 

Discuss the ways in which the proposed project could foster economic or population growth, or the 

construction of additional housing, either directly or indirectly, in the surrounding environment. 

Included in this are projects which would remove obstacles to population growth... Increases in 

the population may tax existing community service facilities, requiring construction of new facilities 

that could cause significant environmental effects. Also discuss the characteristics of some 

projects which may encourage and facilitate other activities that could significantly affect the 

environment, either individually or cumulatively. It must not be assumed that growth in any area is 

necessarily beneficial, detrimental, or of little significance to the environment.

Additionally, CEQ regulations, which establish the steps necessary to comply with NEPA, require 

evaluation of the potential environmental consequences of all proposed federal activities and 

programs. This provision includes a requirement to examine indirect consequences, which may 

occur in areas beyond the immediate influence of a proposed action and at some time in the future. 

CEQ regulations, 40 CFR Part 1508.8, refer to these consequences as secondary impacts. 

Secondary impacts may include changes in land use, economic vitality, and population density, 

which are all elements of growth.

Substantial growth impacts could be manifested through the provision of infrastructure or service 

capacity to accommodate growth beyond the levels currently permitted by local or regional plans and 

policies. In general, growth induced by a project is considered a significant impact if it directly or 

indirectly affects the ability of agencies to provide needed public services or if it can be 

demonstrated that the potential growth significantly affects the environment in some other way.
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The four-county region of Los Angeles, Orange, Riverside, and San Bernardino Counties (which the 

Program Corridor crosses) grew by more than 7.4 million people between 1970 and 2010. In 

2010, the region was home to approximately 46 percent of the population in the State of California. 

Los Angeles County has the largest population in the four-county region, followed by Orange 

County. Growth patterns between 1970 and 2010 showed that Riverside County and San 

Bernardino County grew at an average annual rate of 4.0 percent and 2.8 percent, respectively, 

while Los Angeles County and Orange County grew annually by 0.8 percent and 1.9 percent, 

respectively.

Population projections prepared by the California Department of Finance forecast that the population 

within the four-county region will continue to grow between 2018 and 2050; however, the annual 

growth rate is anticipated to slow to 0.5 percent annually for the region as a whole. There are higher 

annual growth rates forecast for San Bernardino County (1.0 percent) and Riverside County 

(1.1 percent) compared with Los Angeles County (0.3 percent) and Orange County (0.4 percent)

(California Department of Finance 2018). 

Despite a forecast slowdown in growth rates, the four-county region is still projected to grow 

approximately 17 percent overall between 2018 and 2050, for a total population of approximately 

21.3 million people in 2050. By then, the four-county region will account for approximately 43 percent 

of the state population. These growth forecasts suggest that the Program Corridor between Los 

Angeles and San Bernardino Counties would support a substantial portion of the state’s population 

in 2050. 

6.1.1 Western Section

Growth in the Western Section of the Program Corridor is expected with or without the Build 

Alternative Options. Two additional round-trip daily trains would serve existing stations at LAUS, 

Fullerton, and Riverside in the Western Section. No new stations or improvements to existing 

stations would be required to accommodate the proposed service. The Build Alternative Options are

not expected to induce additional growth in the Western Section.

6.1.2 Eastern Section

San Bernardino and Riverside Counties have experienced population, housing, and employment 

growth over the past several decades. As discussed in Section 3.2, Land Use and Planning, of this 

Tier 1/Program EIS/EIR, there is a planned 18 percent increase in residential uses in the Eastern 

Section of the Program Corridor. Between 2010 and 2035, population and housing in Riverside 

County are each anticipated to increase by approximately 63 percent; however, employment is 

expected to grow faster than housing (County of Riverside 2003). Similarly, San Bernardino County 
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is expecting an increase in population of 630,000 people, an increase of more than 230,000 homes, 

and 316,000 additional jobs by 2040 (County of San Bernardino 2014). 

Because Riverside County and San Bernardino County supply a portion of the labor pool for the Los 

Angeles-Orange County metropolitan area, daily round-trip service and new station areas may 

induce additional housing growth in the new station catchment areas. Build Alternative Option 

1 proposes up to five new potential stations within Loma Linda/Redlands, the Pass Area, the 

Mid-Valley area, and the Cities of Indio and Coachella. Build Alternative Options 2 and 3 propose up 

to four new potential stations within the Loma Linda/Redlands Area, the Pass Area, the Mid-Valley, 

and the City of Indio. New stations could also introduce employment opportunities in station areas 

and catalyze investment in transit-oriented development, including additional housing and business. 

6.2 Irreversible and Irretrievable Commitment of 

Resources

CEQA requires that irreversible and irretrievable commitment of resources be addressed for certain 

categories of projects, including “[t]he adoption, amendment, or enactment of a plan, policy, or 

ordinance of a public agency” and any project also subject to NEPA (CEQA Guidelines CCR 

Sections 15127[a] and 15127[c]). NEPA requires that an environmental analysis include 

identification of “...any irreversible and irretrievable commitment of resources which would be 

involved in the proposed action should it be implemented” (Section 102 [42 USC Section 4332(c)]).

Irreversible and irretrievable resource commitments are related to the use of non-renewable 

resources and the effects that this use could have on future generations. Commitments of resources 

could be current, as well as future, with the latter potentially associated with the secondary effect of 

growth-inducing impacts. Irreversible effects result primarily from the use or destruction of a specific 

resource (e.g., energy and minerals) that cannot be replaced within a reasonable time frame. 

Irretrievable resource commitments involve the loss in value of an affected resource that cannot be 

restored as a result of the action (e.g., extinction of a threatened or endangered species or the 

disturbance of a cultural resource). 

Resources such as timber used for the construction of the potential stations and tracks are generally 

considered renewable and would ultimately be replenished. Human resources are also considered a 

renewable resource. Non-renewable resources such as petrochemical construction materials, steel, 

copper, lead and other metals, gravel, concrete, and other materials are typically considered finite 

and would not be replenished over the lifetime of the Program. 
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The construction and implementation of the Build Alternative Options would entail the irreversible 

and irretrievable commitment of some land and energy and human resources. These resources 

include the following:

• Commitment of land for transportation purposes

• Commitment of natural resources during construction activities associated with the Program, 

including the use of construction materials (e.g., steel, concrete, etc.)

• Consumption of non-renewable energy resources, mainly diesel and electricity, as a result of 

construction, operation, and maintenance of the proposed infrastructure improvements

• Labor expenditure required for the planning, design, construction, and operation of the Build 

Alternative Options

Land used for new stations and parking areas would likely require property acquisitions, and these 

properties would be committed to transportation purposes. To the extent that this commitment would 

be for long-range use, it would be an irreversible commitment. In the event, however, that a greater 

need would arise for the land in the future or the Program Corridor was no longer needed, the land 

could conceivably be converted to some other use. Currently, there is no reason to expect that such 

a need for conversion would ever be necessary or desirable. 

In terms of the Build Alternative Options’ commitment of resources, there are several resources, 

both natural and built, that would be expended during the construction and operation of 

improvements. The Build Alternative Options would result in a short-term increase in the use of 

energy to manufacture, deliver, and construct the proposed infrastructure improvements. The 

manufacturing of materials used to construct the Build Alternative Options and energy in the form of 

natural gas, petroleum products, and electricity consumed during construction and operation would 

contribute to the incremental depletion of renewable and non-renewable resources. Steel, concrete, 

and other materials would be recycled, to the extent feasible. However, the loss of these resources 

is considered irreversible because their reuse for some other purpose than the Build Alternative

Options would be highly unlikely or impossible. Based on these considerations, the Program

constitutes an irreversible and irretrievable commitment of natural resources. 
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The Build Alternative Options’ use of non-renewable energy sources such as diesel fuel is 

considered an irreversible, irretrievable commitment of these petroleum resources. However, the 

commitment of resources to construct and operate the Build Alternative Options is based on the 

belief that residents, businesses, and visitors would benefit from a safe, reliable, and convenient 

intercity passenger rail service in the Program Corridor with the capability to meet the future mobility 

needs. These benefits are anticipated to substantially outweigh any irreversible or irretrievable 

commitments of resources.

6.3 Relationship between Short-Term Use of the 

Environment and the Maintenance and Enhancement 

of Long-Term Productivity

NEPA and CEQA require a review of the balance between short-term uses and long-term 

productivity of resources within a project area. Potential impacts that narrow the range of beneficial 

uses to the environment include selecting a development option that reduces the ability to pursue 

other possibilities or committing a piece of land or other resources to a particular use that limits 

additional uses being performed on the same site. 

Effects on resources are often characterized as being short term or long term in duration. Impacts 

that occur only during construction are considered temporary. Impacts that occur within a period of 

3 years or less would be considered a short-term use and in excess to 3 years would be considered 

long term. Construction can create temporary water quality effects and increases in noise, 

emissions, traffic, and human population that can disturb resources in an area but subside when the 

work is complete. Long-term effects are related to the maintenance and enhancement of long-term 

productivity, in particular, the consistency of the Program with long-term economic, social, regional, 

and local planning objectives. These impacts may lead to permanent loss or degradation of 

resources. As required by PRC Section 21001(g), the short- and long-term effects of the Program

under consideration are summarized below.

The Program Corridor faces transportation challenges associated with anticipated population growth, 

constrained travel options, rail service frequency, and a need for increased travel capacity without 

impacting air quality and natural resources. These challenges are likely to continue in the future, as 

continued growth in population and employment is expected to generate increased travel demand. In 

the short term, construction activities would likely increase employment opportunities, as well as 

locally purchased materials and services. In the long term, proposed improvements would likely 

increase the frequency and reliability of intercity rail service.
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Implementation of the Build Alternative Options may result in property acquisitions, land use 

reclassification, and potential disruption of biological and wetland resources during construction and 

operation. Future Tier 2/Project-level environmental review would consider these factors in more 

detail, as specific rail infrastructure improvements and station facilities are carried forward. While 

some of the proposed improvements may disrupt the existing conditions of the area, short- and 

long-term benefits would also result and should be considered accordingly.

Implementation of the Build Alternative Options would increase travel options and improve mobility 

throughout the region, as well as provide additional capacity to meet growing travel demand 

between the Los Angeles Basin and the Coachella Valley.

6.4 Significant and Unavoidable Environmental Effects

Section 15126.2(c) of the CEQA Guidelines requires EIRs to include a discussion of any significant 

environmental impacts that cannot be avoided if the Program is implemented. Sections 3.2 through 

3.16 of this Tier 1/Program EIS/EIR provide a Program-level evaluation of potentially significant 

environmental effects related to the Program and identifies potential mitigation strategies, where 

available, that could avoid or reduce these significant impacts. If, after mitigation, a specific effect

cannot be fully reduced to a less than significant level, it is considered a potentially significant and 

unavoidable impact at the Tier 1/Program EIS/EIR service-level evaluation.

As discussed, this Tier 1/Program EIS/EIR evaluates the potential for substantial effects from the 

Build Alternative Options and offers mitigation strategies that could potentially avoid or minimize 

impacts on resources through further design or other measures identified at the Tier 2/Project-level 

analysis. Implementation of the Build Alternative Options could result in a significant and 

unavoidable impacts on the following resources:

• Land Use and Planning. Implementation of the Build Alternative Options has the potential 

to conflict with local land use plans and polices and covert designated farmland to 

transportation use. Mitigation may reduce, avoid, or minimize these potentially significant 

impacts; however, impacts may also remain significant and unavoidable if further analysis 

shows that they cannot be sufficiently mitigated (Section 3.2, Land Use and Planning, of this 

Tier 1/Program EIS/EIR for details).

• Transportation. Implementation of the Build Alternative Options has the potential to conflict 

with a program, plan, ordinance, or policy addressing the circulation system, including transit, 

roadway, bicycle, and pedestrian facilities at a local level. Mitigation may reduce, avoid, or 

minimize these potentially significant impacts; however, impacts may also remain significant 

and unavoidable if further analysis shows that they cannot be sufficiently mitigated (Section
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3.3, Transportation, of this Tier 1/Program EIS/EIR for details). However, implementation of 

the Build Alternative Options would also improve regional mobility and access through the 

provision of an enhanced passenger rail system.

• Visual Quality and Aesthetics. Implementation of the Build Alternative Options has the 

potential to result in significant and unavoidable impacts on scenic vistas, visual character, 

and visual quality, as well as light and glare. Mitigation may reduce, avoid, or minimize these 

potentially significant impacts; however, impacts may also remain significant and 

unavoidable if further analysis shows that they cannot be sufficiently mitigated 

(Section 3.4, Visual Quality and Aesthetics, of this Tier 1/Program EIS/EIR for details).

• Air Quality. The location and number of new stations, infrastructure improvement locations, 

and construction methods have not yet been selected; however, construction of the Build 

Alternative Options has the potential to generate emissions that exceed the SCAQMD daily 

criteria pollutant and localized significance thresholds. However, implementation of the Build 

Alternative Options would also improve regional air quality through the provision of an 

enhanced passenger rail system (Section 3.5, Air Quality and Greenhouse Gases, of this 

Tier 1/Program EIS/EIR for details). 

• Noise and Vibration. Implementation of the Build Alternative Options has the potential to

generate noise during construction and operation within the Eastern Section, which could 

result in an exceedance of local noise standards. Mitigation may reduce, avoid, or minimize 

these potentially significant impacts; however, impacts may also remain significant and 

unavoidable if further analysis shows that there is a conflict that cannot be mitigated between 

land uses (Section 3.6, Noise and Vibration, of this Tier 1/Program EIS/EIR for details).

• Biological Resources. Implementation of the Build Alternative Options has the potential to

result in significant and unavoidable impacts on sensitive vegetation communities, 

special-status plan and wildlife species, wildlife corridors and habitat linkages, as well as 

significant and unavoidable conflicts with local plans and policies intended to protect natural 

resources. Mitigation may reduce, avoid, or minimize these potentially significant impacts; 

however, impacts may also remain significant and unavoidable if further analysis shows that 

there is a conflict that cannot be mitigated between land uses (Section 3.8, Biological 

Resources, of this Tier 1/Program EIS/EIR for details).

• Floodplains, Hydrology, and Water Quality. Implementation of the Build Alternative 

Options has the potential to result in impacts on surface and groundwater resources. 

Mitigation may reduce, avoid, or minimize these potentially significant impacts; however, 

impacts may also remain significant and unavoidable if further analysis shows that that 
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impacts cannot be sufficiently mitigated (Section 3.9, Floodplains, Hydrology, and Water 

Quality) of this Tier 1/Program EIS/EIR for details).

• Geology, Soils, Seismicity, and Paleontological Resources. Implementation of the Build 

Alternative Options within the Eastern Section has the potential to result in significant and 

unavoidable impacts on paleontological and mineral resources, as construction of the Build 

Alternatives (specifically, construction of the proposed stations) would require grading and 

excavation in areas that are paleontologically sensitive or within MRZs. Mitigation may

reduce, avoid, or minimize these potentially significant impacts; however, impacts may also 

remain significant and unavoidable if further analysis shows that land use conflicts cannot be 

mitigated or if accidental destruction to previously undiscovered paleontological resources 

were to occur (Section 3.10, Geology, Soils, Seismicity, and Paleontological Resources, of 

this Tier 1/Program EIS/EIR for details).

• Public Utilities and Energy. Implementation of the Build Alternative Options has the 

potential to result in significant and unavoidable impacts on public utilities. Specifically, 

implementation of the Build Alternative Options could require potable water supplies at new 

rail stations, which are not currently identified. Mitigation may reduce, avoid, or minimize 

these potentially significant impacts; however, impacts may remain significant and 

unavoidable if further analysis determines that the operational activities would result in water 

supply impacts (Section 3.12, Public Utilities and Energy, of this Tier 1/Program EIS/EIR for 

details).

• Cultural Resources. Implementation of the Build Alternative Options has the potential to

result in significant and unavoidable impacts on cultural, historic, and TCRs, as construction 

(specifically, construction of the proposed stations) would require grading and excavation in 

areas that may contain known and unknown resources. Mitigation may reduce, avoid, or 

minimize these potentially significant impacts; however, impacts may remain significant and 

unavoidable if mitigation would not sufficiently reduce land use conflicts or if accidental 

destruction to previously undiscovered cultural resources were to occur (Section 3.13, 

Cultural Resources, of this Tier 1/Program EIS/EIR for details). 

• Parklands and Community Services. Implementation of the Build Alternative Options has 

the potential to result in impacts on parklands and community services due to the potential 

need of parkland acquisitions. Mitigation may reduce, avoid, or minimize these potentially 

significant impacts; however, impacts may remain significant and unavoidable if mitigation 

would not sufficiently reduce land use conflicts with existing parkland resources (Section

3.14, Parklands and Community Services, of this Tier 1/Program EIS/EIR for details).